In 1766 jurist William Blackstone published his Commentaries on the Law of England in which he defined the term “enemy alien” as it was understood in common law. He confirmed that during a time of war “alien enemies have no rights, no privileges.” The Crown exercises absolute power. In a simple turn of phrase, the Oxford professor anticipated the agony of millions of migrants.
In 1798, anticipating hostilities with France, the United States created its own Alien Enemies Act which authorized the President to detain or deport natives of an enemy nation without a hearing. The law was enacted to prevent foreign sabotage in wartime, but could be (and has been) wielded against immigrants who displayed no signs of betrayal or disloyalty.
